Netherlands - Anti-discrimination





Dutch definitions of discrimination include direct and indirect discrimination and public incitements to violence or hatred on the three grounds of race/ethnicity, religion/belief and nationality. However, discrimination by association has not yet been affirmed in case law of the Equal Treatment Commission and regular courts. Anti-discrimination law applies on all three grounds in employment, vocational training and access to public goods and services. On social advantages, protection and security, the law does not protect victims of discrimination on the grounds of religion/belief or nationality. The Netherlands is the only MIPEX country to attain best practice on how it enforces anti-discrimination law (see box). Slightly favourable equality policies empower the Specialised Equality Agency. But the state is obliged neither to lead dialogue on antidiscrimination nor mainstream equality policies in its functions.


Best practice on enforcement mechanisms for anti-discrimination law
Victims of discrimination on all three grounds can use alternative dispute resolution as well as judicial civil and administrative procedures. There, the shift in burden of proof applies and discriminatory motivation is treated as an aggravating circumstance. Legal entities with a legitimate interest in promoting equalities can likewise assist victims in many ways. Complainants are protected against victimisation in many areas of life. The average length for a case is kept below six months and the state offers legal aid and interpreters to victims with low incomes. The courts have a wide range of sanctions to compensate victims appropriately and to punish the guilty party most effectively. 


Results by strand

Netherlands - Overview
Netherlands - Labour market access
Netherlands - Family reunion
Netherlands - Long-term residence
Netherlands - Political participation
Netherlands - Access to nationality
Netherlands - Anti-discrimination
Netherlands - Public perceptions
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